특정범죄가중처벌등에관한법률위반(운전자폭행등)
A defendant shall be punished by imprisonment for four months.
However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.
Punishment of the crime
[Criminal Power] On August 18, 2020, the Defendant was sentenced to imprisonment for six months with prison labor for a violation of the Punishment of Violences, etc. Act (joint injury) at the Daegu District Court on August 18, 202 and the judgment became final and conclusive on August 26, 2020.
【Criminal Facts】
At around 01:00 on August 1, 2020, the Defendant: (a) on the front side of the “Yandong Community Center” located in Ulsan-gu, Ulsan-dong, Ulsan-dong, the victim was on board a C-si operated by B (Nam, 67 years old); (b) on the same day, the victim was on the front side of the “Egs Association” located in Ulsan-gu, Ulsan-gu; and (c) on the front side of the “Egs Association” located in D; and (d) on the same day, the Defendant expressed the victim’s face of the victim who was driving a taxi on his hand at one time.
Accordingly, the defendant assaulted the victim who is driving a taxi.
Summary of Evidence
1. Defendant's legal statement;
1. The police statement concerning B;
1. A report on investigation (verification of a taxi boom image), a photograph of a black boom image;
1. Records of judgment: Criminal records, inquiry reports, investigation reports (report on the suspension of the execution of the same kind of case), one written judgment, and the application of the Act and subordinate statutes governing integrated search and seizure cases;
1. Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes committed under the Relevant Act;
1. Article 62 (1) of the Criminal Act;
1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;
1. Scope of applicable sentences under law: One to five years of imprisonment;
2. The element of mitigation of a general assault [the category 1] general assault (including a person who has made a special appearance): Where the driver of a motor vehicle in operation has been injured (including a serious effort to recover damage) or has been considerably damaged, the element of aggravation according to the sentencing guidelines: The basic area of the recommendation [the scope of the recommendation field and the recommendation type], the basic area of the driver of the motor vehicle in operation (the scope of the recommendation field and the recommendation type], and February through October;
3. The decision-making defendant acknowledges the crime of this case, the fact that the defendant agreed with the victim is favorable to the defendant, and the decision of the defendant becomes final and conclusive.